Roadblocks and DWI Charges
New Jersey DWI Charges & Roadblocks Lawyer
My DUI/DWI clients often wonder about the legality of roadblocks resulting in drunk driving charges. Not only are these questions reasonable, but often times the roadblocks which resulted in their DWI, DUI, or Alcotest/Breathalyzer Arrest are in fact illegal and will cause the DWI charge to be dismissed. In New Jersey, there is a very particular procedure in which police must follow in order to protect against unreasonable search and seizure. At The Law Offices of Anthony N. Palumbo I will carefully analyze all the evidence in your DWI/DUI charge and the actions of the police officers who charged you. For an experienced and knowledgeable DUI/DWI attorney contact me today for a confidential and Free Consultation at 908-643-6801 .
NJ Roadblock Requirements
The laws pertaining to roadblocks in New Jersey are strict and complex and if police officers deviate minutely from the standard procedures, it could be grounds for dismissal of the resulting DUI charge. For example, in order for a roadblock to be constitutional both under the United States Constitution and New Jersey’s Constitution, it must be located in a place where arrest rates for DUI/DWI are high so that placing a checkpoint in that place would help public safety and awareness.
Further, notice of the checkpoint must given to driver’s (i.e. a sign), and there must be what is called ‘participation in command and supervision’ on behalf of the authorities. This means that the roadblock must be a result of the command of a high ranking commander or official, and there must be a protocol set up for how the roadblock is to be operated and why. Additionally, logs must kept on what occurred at the roadblock to ensure that the protocol was followed. In other words, there must be a solid procedure that will ensure a fair roadblock. The roadblock cannot be the result of an officer’s whim to pull some cars over.
Unless all of these elements are present, the need to conduct the roadblock will not outweigh an individuals’ right to privacy and the roadblock will be deemed unconstitutional. When a DUI/DWI procedure is deemed unconstitutional, all evidence stemming from the constitutional violations will not be allowed at trial.
Defending Your DUI Charge
Taking into consideration the requirements with which officers must comply in order to carry out a constitutionally permissible roadblock, an experienced drunk driving attorney can make a huge difference in the outcome of your case. At The Law Offices of Anthony N. Palumbo, I Anthony N. Palumbo a former county and municipal court prosecutor who knows the law and how the system works is always available to discuss your case in a Free Consultation at 908-643-6801 . In my 35 years of success as a DUI defense lawyer, I have handled DUI cases all across the state and I can assist in you in your roadblock defense.
The law offices of Anthony N. Palumbo defends individuals accused of DWI/DUI offenses throughout New Jersey including Union County, Middlesex County, Somerset County, Monmouth County, Essex County, Hudson County, Morris County, and Ocean County.